Shaik Shameer vs Sri Kumar Viswajeeth
2022 Latest Caselaw 989 AP

       IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

     HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                        &
           HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY

                     CONTEMPT APPEAL No.1 of 2022

                             (Through physical mode)

Shaik Shameer, S/o Shaik Fareed,
Aged about 30 years, Occ: Student,
R/o H.No.12-20-4/9 Prakashnagar,
Narsaraopeta, Guntur District, Andhra Pradesh.
                                                            ..Appellant
                                      Versus

Kumar Viswajeeth, IPS
Principal Secretary to the Government of AP,
Home Department, A. P. Secretariat,
Velagapudi, Amaravati, Guntur District
and others.
                                                           ...Respondents

Counsel for the appellant : Mr. Ambati Sudhakar Rao

Counsel for respondents : Mr. N. Aswartha Narayana

ORAL JUDGMENT Dt:23.02.2022

(per Prashant Kumar Mishra, CJ)

This appeal under Section 19 (1)(A) of the Contempt of Courts Act,

1971 (hereinafter referred to as 'the Act') is directed against the order

dated 30.12.2021 passed by the contempt court closing C.C.No.79 of 2020

reserving liberty to the appellant/petitioner to avail the remedy, if any,

under law.

2. It is settled that an appeal under Section 19 of the Act is

maintainable only against an order or decision of the High Court passed in

exercise of its jurisdiction to punish for contempt, and that neither an

order declining to initiate proceedings for contempt, nor an order initiating

proceedings for contempt nor an order dropping the proceedings for

contempt nor an order acquitting or exonerating the contemnor, is

appealable under Section 19 of the Act.

3. Referring to para 11.V of the judgment rendered by the Hon'ble

Supreme Court in Midnapore Peoples' Cooperative Bank Limited &

others vs. Chunilal Nanda and Others reported in (2006) 5 SCC

399, it is argued that the order passed by the contempt court closing the

contempt case would come in the appellant/petitioner's way in getting

fruits of the litigation, and therefore, the intra-court appeal would be

maintainable, and in view of the same, the appellant/petitioner may be

permitted to withdraw this appeal filed under Section 19 of the Act with

liberty to file intra-court appeal.

4. Without observing or considering as to the maintainability of the

intra-court appeal, which shall be considered as and when the same is

filed, permission is accorded to the appellant/petitioner to withdraw this

appeal.

5. Accordingly, the Contempt Appeal is dismissed as withdrawn

granting liberty as prayed for. No costs. All pending miscellaneous

applications shall stand dismissed.

PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J

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